As used in this chapter "sidewalk" includes a park or parking strip maintained in the area between the property line and the street line and also includes curbs, gutters, bulkheads, retaining walls or other works for the protection of any sidewalk or of any park or parking strip or any of the above. This chapter constitutes a separate and alternative procedure for performing, and collecting the cost of, the work specified herein. The procedures set forth in this chapter are in addition to and the limitations imposed by this chapter do not affect the powers conferred or procedures prescribed by Charter or general law.
(Prior code § 7-3.01)
When the city council preliminarily determines by resolution that the public interest, convenience and necessity require the construction, reconstruction, or repair of sidewalks within the city of Sunnyvale, it shall cause to be published a notice generally describing the location of the sidewalk or sidewalks to be constructed, reconstructed, or repaired and shall specify the day, hour and place when the city council will hear and pass upon objections or protests, if any, which may be raised by any property owner or other interested persons. Said publication shall be by two successive insertions in a newspaper of general circulation published in the city of Sunnyvale. The first publication shall be at least twenty days before the date of hearing.
(Prior code § 7-3.02)
A copy of the notice shall be posted within three hundred feet of each parcel of real property liable to be assessed for the cost of any of said work, and shall be mailed, postage prepaid, to the owner or person in possession of each of the parcels at his last known address as the same appears on the last equalized assessment roll of the city. Said posting and mailing shall be completed at least ten days before the date of hearing. No proceeding shall be held invalid for failure to post within three hundred feet of any parcel of said real property if this section has been substantially complied with.
(Prior code § 7-3.03)
On the day and hour fixed for the hearing, the city council shall hear and pass upon the objections or protests of property owners or other interested parties. If the city council by no less than a four-fifths' vote of all the members thereof by resolution, finds and determines that the public convenience and necessity require the construction, reconstruction or repair of the sidewalks described in the notice, or any part thereof, the Special Assessment, Investigation, Limitation and Majority Protest Act of 1931 shall not apply to the proceedings.
(Prior code § 7-3.04)
If the city council makes the finding specified in Section 13.12.040, it shall order the director of public works to notify the owner or person in possession of the property fronting on the sidewalk to be repaired or reconstructed or fronting on that portion of street in which no sidewalk has been constructed theretofore, to construct or cause to be constructed, repair or cause to be repaired, or reconstruct or cause to be reconstructed a sidewalk in front of his property.
(Prior code § 7-3.05)
The director of public works shall forthwith give notice to construct, reconstruct or repair by delivering a written notice personally to the owner or person in possession or by mailing the notice, postage prepaid, to the person in possession or owner at his last known address as the same appears on the last equalized assessment roll of the city of Sunnyvale. The notice shall particularly specify what work is required to be done, how it is to be done and what material shall be used in the construction, reconstruction or repair and shall further specify that if the construction, reconstruction or repair is not commenced within thirty days after notice is given and diligently and without interruption prosecuted to completion, the director of public works shall cause the construction, reconstruction or repair, as the case may be, to be done and the cost of the same shall be a lien on the property. If the construction, reconstruction or repair are not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith cause the construction, reconstruction or repair to be done either with city forces or by contract duly let pursuant to the city Charter.
(Prior code § 7-3.06)
Upon the completion of the construction, reconstruction or repair the director of public works shall prepare and file with the city council a report specifying the work which has been done, the cost thereof, a description of the real property in front of which the work has been done and the assessment against each lot or parcel of land. Any such report may include work done in front of any number of parcels of property, whether contiguous to each other or not.
(Prior code § 7-3.07)
Upon the completion of the construction, reconstruction or repair the director of public works shall cause notice of the cost of the construction, reconstruction or repair to be given in the manner specified in this chapter for the giving of notice to construct, reconstruct or repair, which notice shall specify the day, hour and place when the city council will hear and pass upon a report by the director of public works of the cost thereof, together with any objections or protest, if any, which may be raised by any property owner liable to be assessed for said cost and any other interested persons.
(Prior code § 7-3.08)
Upon the day and hour fixed for the hearing, the city council shall hear and pass upon the report of the director of public works, together with any objections or protests which may be raised by any of the property owners liable to be assessed and any other interested persons. Thereupon the city council may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected, or modified, shall be confirmed. The city council may adjourn the hearing from time to time. The decisions of the city council on all protests and objections which may be made shall be final and conclusive.
(Prior code § 7-3.09)
The cost may be assessed by the city council against the parcel of property fronting upon the sidewalk constructed, reconstructed or repaired, and such cost so assessed, if not paid within ten days after its confirmation by the city council, shall constitute a special assessment against such parcel of property and shall be a lien on the property for the amount thereof from the time of recordation of the notice of lien, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.
(Prior code § 7-3.10)
The director of public works may file in the office of the county recorder of the county of Santa Clara a certificate substantially in the following form:
NOTICE OF LIEN
Pursuant to the authority vested in me by Ordinance No. __________ of the City of Sunnyvale, I did, on the _____ day of __________ 20_____, cause the sidewalk, curb, gutter, or park or parking strip, bulkheads, retaining walls or other works (as the case may be) in front of the real property hereinafter described, to be constructed, reconstructed or repaired, and the City Council of said city did, on the _____ day of __________, 20_____, by Resolution No. __________assess the cost of such construction, reconstruction, or repair upon the real property herein after described, and the same has not been paid nor any part thereof, and the said city does hereby claim a lien on said real property in the sum of __________ dollars ($_____), and the same shall be a lien upon said real property until the said sum, with interest at the rate of 6 percent per annum, from the said _____ day of __________, 20_____(insert date of confirmation of assessment), has been paid in full and discharged of record.
The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Sunnyvale, County of Santa Clara, State of California, and particularly described as follows, to wit:
(Description of property)
Dated this _____ day of __________, 20_____.
_______________________________
Director of Public Works
(Prior code § 7-3.11)
From and after the date of recording the notice of lien, all persons shall be deemed to have notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The Statute of Limitations shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid, the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under Division 7 of the Streets and Highways Code of the state of California.
(Prior code § 7-3.12)
As an alternative method of collection of the amount of the lien, the city council may, after confirmation of the report of the director of public works, order the notice of lien to be delivered to the director of finance who shall cause to be entered the amount of the assessment on the city assessment roll opposite the description of the particular property, and the amount shall be collected together with all other taxes thereon against the property. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes are applicable to such special assessment taxes.
(Prior code § 7-3.13)
The city council may, in its discretion, provide that the assessment shall be collected in installments on the tax roll, in which case the notice of lien shall contain an apportionment of the principal amount of the assessment into the number of yearly installments as ordered by the city council.
(Prior code § 7-3.14)